Other Legislation and Its Impact on Interpreting

This presentation was developed as part of the instructional materials for Module 1: VR as a System, which is part of an online professional development series for VR interpreters hosted for the NCIEC by the University of Northern Colorado MARIE Center and is used here with permission.

You may note reference to the term “insight”.  This term is used within the UNC and refers to a term used in their courses.  It should be disregarded.

This presentation will highlight the impact of several significant laws that have had dramatic impact on the lives of Deaf people and interpreters.

Direct link to the video: http://youtu.be/lEfxmZJb-vQ

Outline of Presentation on Other Legislation

The laws addressed include:

• The Rehabilitation Act of 1965
• Section 504 of the Rehabilitation Act of 1973
• P.L. 94-142, “The Education of All Handicapped Children’s Act” currently authorized as I.D.E.A. “Individuals with Disabilities Education Act”
• Americans with Disabilities Act (ADA

These four federal laws are considered the underpinning of civil rights legislation for people with disabilities.  Below are some important features of each law.

1. The Rehabilitation Act of 1965:

1. Allows for case service funds to be spent on sign language interpreting for the first time.
2. Also eliminated an economic need for services
3. Included individuals with “socially handicapping conditions” such as incarceration and substance abuse.

1. The Rehabilitation Act of 1973:
   1. Changes eligibility to persons with significant disabilities.
   2. Creates the Individualized Written Rehabilitation Plan.
   3. Title 5 provides first-ever civil rights protections:

1. Section 501-Federal agencies may not discriminate on the basis of disability.
2. Section 502-Establishes the Architectural & Transportation Barriers Compliance Board (ATBCB)

iii.     Section 503-Federal contractors receiving $10,000 or more must not discriminate.

1. Section 504- states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

3. The Individuals with Disabilities Education Act (IDEA):

1. Passed in 1975.
2. Requires a Free and Appropriate Public Education (FAPE) to all children with disabilities.
3. Requires children be taught in the Least Restrictive Environment (LRE).
4. Establishes an Individualized Education Plan for all disabled children.
5. In 1992, Policy Guideline for placement of deaf children is published and states in part:  “the major barriers to learning associated with deafness relate to language and communication, which, in turn, profoundly affect most aspects of the educational process. [The] communication nature of the disability is inherently isolating, with considerable effect on the interaction with peers and teachers that make up the educational process. This interaction, for the purpose of transmitting knowledge and developing the child’s self-esteem and identity, is dependent upon direct communication. Yet, communication is the area most hampered between a deaf child and his or her hearing peers and teachers.”  This guideline is published as educational agencies interpret LRE to mean mainstream classrooms and inappropriately place some deaf children in this setting.
6. Mainstream placements result in a large increase of demand for sign language interpreters.

1. Americans with Disabilities Act:
   1. Passed in 1990.
   2. prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations.
   3. Qualified Interpreter is defined as: “an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary.”
   4. This definition doesn’t provide for an efficient method of identifying a skilled interpreter prior to an interpreting event, a serious flaw in the law.
   5. Demand for sign language interpreters increases dramatically

Additional Resources

• Guide to Disability Rights Laws:
  http://www.ada.gov/cguide.htm
• NAD Description of Rehab Act:
  http://www.nad.org/issues/civil-rights/rehabilitation-act-1973

Copyright © 2013-2016 by the National Consortium of Interpreter Education Centers (NCIEC).

This NCIEC product was developed by the National Interpreter Education Center (NIEC) at Northeastern University.  Permission is granted to copy and disseminate these materials, in whole or in part, for educational, non-commercial purposes, provided that NCIEC is credited as the source and referenced appropriately on any such copies.